Entries for Thursday, January 10, 2002

The Federal Register is published every day of the week, excluding weekends and holidays. The Register contains
an assortment of notices, proposed rules, final rules, requests for information and presidential documents.

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The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. Comments should be submitted to OMB within 30 days of the publication of this notice.

The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below. The purpose of this notice is to allow 60 days for public comment in the Federal Register preceding submission to OMB. This process is conducted in accordance with the Paperwork Reduction Act of 1995.

The FMCSA announces that the Information Collection Request (ICR) described in this notice is being sent to the Office of Management and Budget (OMB) for review and approval. The FMCSA is requesting approval of the information that is required for the Record of Duty Status (RODS) of drivers of commercial motor vehicles (CMVs). This information collection is necessary to ensure that motor carriers and CMV drivers comply with the limitations on maximum driving and duty time prescribed in the Federal Motor Carrier Safety Regulations (FMCSRs). The ICR describes the information collection and its expected burden. FMCSA is sending the ICR to OMB in accordance with the terms of the Paperwork Reduction Act of 1995. The FMCSA published the required Federal Register notice offering a 60-day comment period on this information collection on May 21, 2001 (66 FR 28017). Two comments were

This amendment adopts a new airworthiness directive (AD) that applies to certain Pilatus Aircraft Ltd. (Pilatus) Model PC-7 airplanes. This AD requires you to inspect the landing-gear emergency- extension cable for damage and replace if necessary; verify the correct installation of the bowden-cable conduit clamp and correct if necessary; and modify the temperature-control lever mechanism. This AD is the result of mandatory continuing airworthiness information (MCAI) issued by the airworthiness authority for Switzerland. The actions specified by this AD are intended to prevent the malfunction of the emergency landing-gear extension system. Insufficient clearance between the temperature-control lever mechanism and the landing-gear emergency- extension cable could result in damage to the emergency landing gear extension cable, or the cable could get caught on the temperature control lever. Damage to, or interference with, the landing-gear emergency-extension cable could lead to a malfunction of the emergency landing-gear extension system.

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Maritime Administration's (MARAD's) intentions to request extension of approval for three years of a currently approved information collection.

The Department of Transportation now is receiving all United States Postal Service (USPS) deliveries. However, actions taken over the last three months in response to the September 11 terrorist attacks and to contain the anthrax threat have significantly delayed or prevented our receipt of mail sent to DOT. These actions may have caused filings related to DOT informal rulemaking and certain preemption determination proceedings to arrive after the close of the comment period or not at all. We are providing notice of alternative methods for ensuring that your filings come to us. We also want to assure you that we will do everything that we can to consider comments that we otherwise would have received before the close of the comment period.

The FAA proposes to rule and invites public comment on the application to impose and use a passenger facility charge (PFC) at Hagerstown Regional Airport--Richard A. Henson Field under the provisions of the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and part 158 of the Federal Aviation Regulations (14 CFR part 158).

This notice announces the criteria, application procedures and schedule to be applied by the Secretary of Transportation in designating or re-designating, and funding capital development annually for 15 current (joint-use) or former military airports seeking designation or re-designation to participate in the MAP. This Notice reflects and incorporates changes made to MAP in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century.

This action proposes to establish Class E airspace at Cecil County Airport, (K58M), Elkton, MD. The development of Standard Instrument Approach Procedures (SIAP) at Cecil County Airport, Elkton, MD has made this proposal necessary. Sufficient controlled airspace extending upward from 700 feet Above Ground Level (AGL) is needed to contain aircraft executing an instrument approach. The area would be depicted on aeronautical charts for pilot reference.

As authorized by Pub. L. 105-383, the Secretary of Transportation, as represented by the Maritime Administration (MARAD), is authorized to grant waivers of the U.S.-build requirement of the coastwise laws under certain circumstances. A request for such a waiver has been received by MARAD. The vessel, and a description of the proposed service, is listed below. Interested parties may comment on the effect this action may have on U.S. vessel builders or businesses in the U.S. that use U.S.-flag vessels. If MARAD determines that in accordance with Pub. L. 105-383 and MARAD's regulations at 46 CFR part 388 (65 FR 6905; February 11, 2000) that the issuance of the waiver will have an unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag vessels, a waiver will not be granted.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

This amendment establishes, amends, suspends, or revokes Standard Instrument Approach Procedures (SIAPs) for operations at certain airports. These regulatory actions are needed because of the adoption of new or revised criteria, or because of changes occurring in the National Airspace System, such as the commissioning of new navigational facilities, addition of new obstacles, or changes in air traffic requirements. These changes are designed to provide safe and efficient use of the navigable airspace and to promote safe flight operations under instrument flight rules at the affected airports.

The OCC, Board, FDIC, and OTS (Agencies), as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to comment on proposed revisions to a continuing information collection, as required by the Paperwork Reduction Act of 1995. The Agencies may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The Agencies are soliciting comments on proposed revisions to the information collection titled: ``Interagency Bank Merger Act Application.'' Additionally, the OCC is making other clarifying changes to the Comptroller's Corporate Manual.

This notice announces the date, time, and location for the quarterly meeting of the Treasury Advisory Committee on Commercial Operations of the U.S. Customs Service (COAC), and the provisional agenda for consideration by the Committee.

Western Area Power Administration (Western), a Federal power marketing agency of the Department of Energy (DOE), announces its Post- 2004 Resource Pool Final Allocation of Power developed under the requirements of Subpart C--Power Marketing Initiative of the Energy Planning and Management Program (Program) Final Rule. This notice also includes Western's responses to public comments on proposed allocations published May 11, 2001.

The Central Utah Project Completion Act Office proposes to rehabilitate and improve the water deliver system serving the Federal Riverdell property near Myton, Utah, to maintain and improve existing wetland habitats for fish and wildlife mitigation purposes. Three alternative concepts are evaluated, along with the No Action Alternative, without indicating a Proposed Action or preferred alternative. Public comment is invited on all alternatives. A Proposed Action will be developed based on environmental impacts and benefits of each alternative, costs, available funding, and public comments received.

We are issuing a temporary rule requiring that we distribute 75 percent of fiscal year 2002 Indian Reservation Roads (IRR) Program funds to projects on or near Indian reservations using the relative need formula. As we did in fiscal years 2000 and 2001, we are using the Federal Highway Administration (FHWA) Price Trends report for information to calculate the relative need formula, with appropriate

The following applicants have requested renewal of scientific research and enhancement of survival permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

The Bureau of Land Management (BLM) and United States Forest Service (USFS) announce a meeting of the Advisory Committee to the Santa Rosa and San Jacinto Mountains National Monument (hereinafter referred to as ``National Monument''). The meeting will be held on Monday, January 28, in the Hoover Room of the Education Center at the Living Desert, 47900 Portola Avenue, Palm Desert, California 92260. Meeting hours will be 8:30 a.m. until 4 p.m. The proposed agenda for the meeting will include a welcome and introductions followed by (1) an overview of the National Monument, (2) review of the National Monument advisory committee charter, (3) discussion of the guidelines and processes under which the advisory committee members will advise the BLM and USFS in the management and planning of the Monument, (4) election of committee chair and committee vice chairperson, (5) establishment of subsequent meeting schedule, and (6) a public question and answer period scheduled for 3 p.m.

This notice announces the availability of Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) and proposed amendments to the California Desert Conservation Area Plan (CDCA Plan) and the Yuma District Resource Management Plan (Yuma RMP) in conjuction with the proposed North Baja Pipeline project. The proposed North Baja Pipeline project would provide natural gas supplies for new gas-fired electric power generation serving the power grids in Baja California, Mexico and southern California, where there has been strong documented demand. The proposed North Baja Pipeline project extends from Ehrenberg, Arizona, through Riverside and Imperial Counties in California, south to the Mexican border. All federal lands affected by the proposed plan amendments are located in eastern Imperial County, California.

In this notice, the Office of Self-Governance (OSG) establishes a March 1, 2002, deadline for tribes/consortia to submit completed applications to begin participation in the tribal self- governance program in fiscal year 2003 or calendar year 2003.

This order revokes two Public Land Orders, and one Bureau of Reclamation Order in their entirety as to the remaining 23,296 acres of lands withdrawn for the Bureau of Reclamation's Marble Canyon and Paria River Reservoir Projects. The projects have not been developed and the Bureau of Reclamation has requested the withdrawals be revoked. The lands are located within either the Paria Canyon-Vermilion Cliffs Wilderness or the Grand Staircase-Escalante National Monument and will be managed in accordance to the laws and regulations pertaining to the Wilderness and the Monument.

This order partially revokes a public land order insofar as it affects 200 acres of National Forest System lands withdrawn for Panguitch Lake Administrative Site and Panguitch Lake Recreation Area. The withdrawal is no longer needed on the 200 acres. The lands will be opened to mining and to such forms of disposition as may by law be made of National Forest System lands.

This rule increases the assessment rate established for the California Date Administrative Committee (Committee) for the 2001-02 and subsequent crops years from $0.10 to $0.25 per hundredweight of dates handled. The Committee locally administers the marketing order that regulates the handling of dates produced or packed in Riverside County, California. Authorization to assess date handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins October 1 and ends September 30. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.

This rule would increase the assessment rate established for the California Desert Grape Administrative Committee (Committee) for the 2002 and subsequent fiscal periods from $0.01 to $0.015 per 18- pound lug of grapes handled. The Committee locally administers the marketing order which regulates the handling of grapes grown in a designated area of southeastern California. Authorization to assess grape handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

This rule would increase the assessment rate established for the South Texas Melon Committee (Committee) for the 2001-02 and subsequent fiscal periods from $0.05 to $0.06 per carton of melons handled. The Committee locally administers the marketing order which regulates the handling of melons grown in South Texas. Authorization to assess melon handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins October 1 and ends September 30. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

This rule would increase the assessment rate established for the South Texas Onion Committee (Committee) for the 2001-02 and subsequent fiscal periods from $0.03 to $0.05 per 50-pound container or equivalent of onions handled. The Committee locally administers the marketing order which regulates the handling of onions grown in South Texas. Authorization to assess onion handlers enables the Committee to incur expenses that are reasonable and necessary to administer the program. The fiscal period begins August 1 and ends July 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

the Defense Science Board (DSB) Task Force on Chemical Warfare Defense will meet in closed session on January 23, 2002, at SAIC, Inc., 4001 N. Fairfax Drive, Arlington, VA. The Task Force will assess the possibility of controlling the risk and consequences of a chemical warfare (CW) attack to acceptable national security levels within the next five years.

The companies that distribute technical dimethoate, O,O- dimethyl S-(N-methylcarbamoylmethyl) phosphorodithioate for formulation of pesticide products containing dimethoate have asked EPA to amend their manufacturing-use product registrations. In addition, the companies holding end-use registrations have asked EPA to cancel or amend their registrations for end-use products containing dimethoate to delete all uses with possible residential exposures. Pursuant to section 6(f)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is announcing the Agency's receipt of these requests. These requests for voluntary cancellation were submitted to EPA in April to December 2001. EPA intends to grant the requested cancellations and amendments to delete uses. EPA also plans to issue a cancellation order for the deleted uses and the canceled registrations at the close of the comment period for this announcement. Upon the issuance of the cancellation order, any distribution, sale, or use of dimethoate products listed in this Notice will only be permitted if such distribution, sale, or use is consistent with the terms of that order.

In accordance with section 6(f)(1)(A) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a notice of receipt of requests from the registrants Bayer Corporation; Value Garden Supply, LLC; and Sergeant's Pet Products, Inc. to cancel some products and/or delete uses for products containing disulfoton, [O,O-diethyl S-(2-(ethylthio)ethyl) phosphorodithioate]; and naled, [1,2-dibromo-2,2-dichloro-ethyl dimethyl phosphate]. EPA received these requests for voluntary cancellation and use deletion in response to future reregistration eligibility decisions for these individual pesticides.

EPA's Great Lakes National Program Office (GLNPO) is now requesting the submission of Proposals for GLNPO funding through the ``FY2002-2003 Great Lakes National Program Office Request for Proposals'' (RFP). The RFP solicits Proposals for assistance projects in the areas of Contaminated Sediments, Pollution Prevention and Reduction, Ecological (Habitat) Protection and Restoration, Invasive Species, Habitat Indicator Development, and Emerging or Strategic Issues.

Notice is hereby given that the Regional Administrator, Environmental Protection Agency (EPA) Region III has affirmatively determined, pursuant to section 312(f) of Public Law 92-500, as amended by Public Law 95-217 and Public Law 100-4 (the Clean Water Act), that adequate facilities for the safe and sanitary removal and treatment of sewage from all vessels are reasonably available for the navigable waters of Herring Bay, Anne Arundel County, and the northern Coastal Bays (Ocean City Inlet, Ocean City commercial fish harbor (Swordfish Basin), Isle of Wight Bay and Assawoman Bay), Worcester County, Maryland. Maryland will completely prohibit the discharge of sewage, whether treated or not, from any vessel in Herring Bay and in the northern Coastal Bays.

This notice announces receipt of applications to register pesticide products containing new active ingredients not included in any previously registered products pursuant to the provisions of section 3(c)(4) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended.

This document announces the availability of applicability determinations, alternative monitoring decisions, and regulatory interpretations that EPA has made under the New Source Performance Standards (NSPS)(40 CFR part 60), and the National Emission Standards for Hazardous Air Pollutants (NESHAP)(40 CFR parts 61 and 63). This document also corrects and clarifies the Notice of Availability published in the Federal Register on November 15, 2001 (66 FR 57453).

The Secretary withdraws the Notice of Proposed Rulemaking (NPRM) for the Early Intervention Program for Infants and Toddlers with Disabilities under Part C of the Individuals with Disabilities Education Act (IDEA) that was published on September 5, 2000. This action is taken because of the pending reauthorization of Part C of IDEA. All relevant comments received under the NPRM will be considered in developing the Administration's legislative proposal on IDEA, along with new comments submitted as part of the reauthorization process.

This notice provides the location of the first meeting of the President's Commission on Excellence in Special Education (Commission). This is a subsequent notice about the Commission meeting first published on December 19, 2001, in the Federal Register, Vol. 66, No. 244 on page 65473. Notice of this meeting is required under section 10(a)(2) of the Federal Advisory Committee Act in order to notify the public of their opportunity to attend. Members of the general public may observe and listen to Commission proceedings via live feed television at the Hotel Washington. The Commission will not receive comments from the general public at this meeting, but any member of the public is permitted to file a written statement with the Commission. Subsequent Commission meetings and hearings will be posted on the Commission's Web site.

The Secretary of Education invites written comments from the public on the Individuals with Disabilities Education Act (IDEA) to assist the Department in preparing for reauthorization of the Act in 2002.

The Caribbean Fishery Management Council (Council) intends to prepare a DSEIS to assess the impacts on the natural and human environment of the management measure proposed in its draft Amendment 2 to the Fishery Management Plan for the Queen Conch Resources of Puerto Rico and the U.S. Virgin Islands (FMP). The purpose of this document is to solicit additional public comments on the scope of the issues to be

NMFS announces preliminary alternative approaches for the designation of EFH and HAPC for the following fishery management plans (FMPs): Groundfish Fishery of the Bering Sea and Aleutian Islands Area; Groundfish of the Gulf of Alaska; Bering Sea/Aleutian Islands King and Tanner Crabs; Scallop Fishery off Alaska; and Salmon Fisheries in the EEZ off the Coast of Alaska.

On December 28, 2001, NMFS published a Federal Register notification announcing that the New England Fishery Management Council (Council) will hold a 3-day Council meeting on January 15 through 17, 2002, to consider actions affecting New England fisheries in the exclusive economic zone. This notification serves as an addendum to that notification and announces that in addition to the agenda items announced in the December 28th Federal Register notification, there will be a closed session on January 16, 2002, to discuss the lawsuit concerning Framework 33 to the Northeast Multispecies Fishery Management Plan. In addition, certain agenda items have been rescheduled as identified in the SUPPLEMENTARY INFORMATION section of this notification.

NMFS issues this final rule to amend the regulations that implement the Atlantic Large Whale Take Reduction Plan (ALWTRP) to provide further protection for large whales, with an emphasis on protective measures to benefit North Atlantic right whales. This final rule expands gear modifications required by the December 2000 interim final rule to the Mid-Atlantic and Offshore lobster waters and modifies requirements for gillnet gear in the mid-Atlantic.

The Farm Credit Administration (FCA, Agency, we, or our) issues this final rule to amend our loan participation regulations. This final rule will enable Farm Credit System (FCS or System) institutions to better use existing statutory authority for loan participations by eliminating unnecessary regulatory restrictions that may have impeded effective participation relationships between System institutions and non-System lenders. We believe that these regulatory changes will improve the risk management capabilities of both System and non-System lenders and thereby, enhance the availability of reliable and competitive credit for agriculture and rural America.

The Regional Resource Stewardship Council (Regional Council) will hold a meeting to consider various matters. Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2, (FACA).

The proposed information collection described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR section 1320.8(d)(1). Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Agency Clearance Officer: Wilma H. McCauley, Tennessee Valley Authority, 1101 Market Street (EB 5B), Chattanooga, Tennessee 37402-2801; (423) 751-2523. Comments should be sent to the OMB Office of Information and Regulatory Affairs, Attention: Desk Officer for the Tennessee Valley Authority by February 11, 2002.

The Employment and Training Administration published a document in the Federal Register on December 14, 2001, concerning availability of grant funds for skills training programs for unemployed and employed workers. These grants are to be financed by user fees paid by employers to bring foreign workers into the U.S. under a new H-1B nonimmigrant visa or at visa renewal. The document contained incorrect dates.

The Chicago Board of Trade (CBOT or Exchange) has requested that the Commission approve a new product, CBOT X-fund futures, pursuant to the provisions of section 5c(c)(2)(A) of the Commodity Exchange Act as amended. The Acting Director of the Division of Economic Analysis (Division) of the Commission, acting pursuant to the authority delegated by the Commission Regulation 140.96, has determined that public comment on the propose product is in the public interest, will assist the Commission in considering the views of interested persons, and is consistent with the purpose of the Commodity Exchange Act.